K.M Raja vs The Canara Bank
2023 Latest Caselaw 369 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                         WP(C) NO. 204 OF 2023
PETITIONER :

          K.M RAJA,
          AGED 57 YEARS,
          S/O MUHAMMED HANEEFA
          'RIYANA MANZIL',
          PUZHAVATHU,
          CHANGANACHERRY
          KOTTAYAM - 686 101

          BY ADVS.
          S.SHANAVAS KHAN
          S.INDU
          KALA G.NAMBIAR


RESPONDENTS :

    1     THE CANARA BANK,
          PATHANAMTHITTA BRANCH,
          PADINJAREVEETTIL CHAMBERS,
          NO.30/582/2, T. K ROAD,
          PATHANAMTHITTA - 689 672
          REPRESENTED BY ITS BRANCH MANAGER

    2     THE AUTHORISED OFFICER,
          THE CANARA BANK,
          PADINJAREVEETTIL CHAMBERS,
          NO.30/582/2, T. K ROAD,
          PATHANAMTHITTA - 689672

          BY SHRI.M.GOPIKRISHNAN NAMBIAR, SC, CANARA BANK




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 WP(C) NO. 204 OF 2023
                                        2

                   BECHU KURIAN THOMAS, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(C) No.204 of 2023
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 11th day of January, 2023


                                JUDGMENT

Petitioner as borrower from the respondent bank, has committed

default in repayment. Consequently, proceedings have been initiated by the

bank for recovery of the amounts due.

2. During the course of hearing, petitioner has confined the relief

to an opportunity for repaying the outstanding amount in instalments.

3. It was submitted on behalf of the respondent bank that the

petitioners committed default in repayment and the outstanding amount under

overdraft facility as on 06.01.2023 is Rs.13,20,698/-. It was further submitted

that though proceedings for recovery have been initiated, as a matter of

indulgence, the respondent bank is willing to accept repayment of the

outstanding amount in limited instalments.

4. I have heard Sri.S.Shanavas Khan, the learned counsel for the

petitioner as well as Sri.M.Gopikrishnan Nambiar, the learned Standing

Counsel for the respondents.

5. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as recorded above,

I am of the view that the petitioner can be granted an opportunity to repay the WP(C) NO. 204 OF 2023

outstanding amount in '12' instalments.

6. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.13,20,698/- along

with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.13,20,698/- shall be repaid in '12' equated monthly instalments.

(ii) The first instalment shall be paid on or before 11.02.2023 and the remaining instalments shall be paid on or before the 11th day of the succeeding months.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

BECHU KURIAN THOMAS JUDGE RKM WP(C) NO. 204 OF 2023

APPENDIX OF WP(C) 204/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 27/07/2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE FIRST RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER DATED 02/12/2022 ISSUED BY THE FIRST RESPONDENT